Edmonton Divorce Law

Frequently Asked Questions

How long does a divorce take in Edmonton?

The timeline varies based on complexity:

• Uncontested divorce: 4-6 months – When both parties agree on all issues
• Contested divorce: 6-12 months or longer – When parties disagree on key issues
• Complex cases: 12+ months – Involving significant assets or custody disputes Factors include court availability, case complexity, and cooperation between parties.

What are the grounds for divorce in Alberta?

In Alberta, the only ground for divorce is marriage breakdown, which can be shown by:

• Living separate and apart for one year – Most common ground, requires proof of separation
• Adultery – Must be proven with evidence of extramarital relationship
• Physical or mental cruelty – Requires evidence of abusive behavior
• No-fault system – No need to prove fault or blame
• Simple process – Once grounds are established, divorce can proceed
• Legal documentation – Must provide proof of grounds chosen

How is property divided in a divorce?

Alberta follows the Matrimonial Property Act, which provides for:

• Equal division of property acquired during marriage – Default position under the law
• Exceptions for inheritances and gifts – May be excluded from division
• Consideration of pre-marriage assets – May be excluded or partially included
• Valuation of family businesses – Requires professional assessment
• Division of pensions and RRSPs – Special rules for retirement assets
• Debts and liabilities – Also divided between spouses

What is the difference between separation and divorce?

Separation is when you live apart, while divorce is the legal ending of marriage:

• Separation date – When you start living separate lives
• Divorce date – When court officially ends the marriage
• In Alberta, you must be separated for one year before applying for divorce
• Separation can be under the same roof – If living separate lives
• Separation agreements – Can be made before divorce
• Legal status – Divorce changes marital status officially

How do I file for divorce in Edmonton?

The process involves:

1. Completing required court forms – Proper documentation is essential
2. Filing at the Court of King’s Bench – Submit to correct court location
3. Serving documents on your spouse – Must follow proper service rules
4. Waiting for response – Spouse has time to respond
5. Attending court if necessary – For contested matters
6. Finalizing divorce order – Court issues final judgment

What is an uncontested divorce?

An uncontested divorce means:

• Both parties agree on all issues – No disputes to resolve
• No court appearances needed – Can be done through desk application
• Faster and less expensive – More efficient process
• Can be done through desk application – No court hearing required
• Requires cooperation – Both spouses must work together
• Final order issued – Once all requirements met

What is a contested divorce?

A contested divorce involves:

• Disagreements on issues – One or more matters in dispute
• Court appearances required – Must attend hearings
• Longer process – Takes more time to resolve
• Higher costs – More legal fees and expenses
• More complex procedures – Additional court steps
• Possible trial – If issues can’t be resolved

How much does a divorce cost in Edmonton?

Costs vary based on:

• Type of divorce (contested vs. uncontested) – More complex cases cost more
• Lawyer’s fees – Hourly rates and retainer amounts
• Court filing fees – Required for various documents
• Additional services needed – Experts, appraisals, etc.
• Complexity of issues – More complex matters cost more
• Length of process – Longer cases incur more costs

What is a separation agreement?

A separation agreement is:

• A written contract between spouses – Legally binding document
• Outlines terms of separation – Details all arrangements
• Can cover support, property, custody – Comprehensive agreement
• Can be made into a court order – Enforceable through court
• Should be reviewed by lawyers – Legal advice recommended
• Can be modified later – If circumstances change

How is child support calculated?

Child support follows federal guidelines based on:

• Payor’s income – Gross annual income before deductions
• Number of children – Different amounts for different family sizes
• Custody arrangement – Shared, split, or sole custody
• Special expenses – Extraordinary costs like education or medical needs
• Provincial guidelines – Alberta-specific rules and tables
• Court discretion – Special circumstances may be considered

How is spousal support determined?

Spousal support considers:

• Length of marriage – Longer marriages may result in longer support
• Income of both parties – Current and potential earning capacity
• Standard of living – Maintained during marriage
• Age and health – Of both spouses
• Child care responsibilities – Impact on earning ability
• Financial needs and means – Current and future requirements

What happens to the family home in a divorce?

Options include:

• One spouse buys out the other – Based on fair market value
• Sell the home and split proceeds – Equal division of sale proceeds
• Continue joint ownership – Rare but possible in some cases
• Court decides based on circumstances – If parties can’t agree
• Consider children’s needs – Impact on stability
• Tax implications – Capital gains and other considerations

Can I get a divorce without a lawyer?

Yes, but it’s recommended to:

• Get legal advice – Understand your rights
• Understand your rights – Know what you’re entitled to
• Complete forms correctly – Avoid mistakes and delays
• Follow proper procedures – Meet all legal requirements
• Consider limited scope representation – Partial legal help
• Know when to get help – Complex issues need professional advice

What is a divorce judgment?

A divorce judgment:

• Legally ends the marriage – Official court order
• May include other orders – Support, property, custody
• Becomes final after 31 days – Appeal period
• Can be appealed within 30 days – Limited time to challenge
• Must be registered with Vital Statistics – Official record
• Changes marital status – Legally single again

How do I change my name after divorce?

To change your name:

• Include request in divorce application – During divorce process
• Get court order – Official permission
• Update government documents – ID, passport, etc.
• Update other records – Bank, insurance, etc.
• Notify relevant organizations – All important contacts
• Follow proper procedures – Meet all requirements

What happens to debts in a divorce?

Debts are:

• Divided based on circumstances – Fair distribution
• Considered in property division – Part of overall settlement
• May be assigned to one spouse – Based on agreement
• Can be addressed in separation agreement – Written terms
• Subject to creditor’s rights – Original obligations remain
• Require proper documentation – Clear records needed